TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
- Agreement. This Term of Use agreement (this "Agreement") specifies the Terms and Conditions for access to and use of www.bamcomotorsports.com (the "Site") and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Bamco, LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.bamcomotorsports.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
- Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.bamcomotorsports.com.
- Ownership. All content included on this site is and shall continue to be the property of Bamco, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
- Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
- Trademarks. Bamco, Bamcos, Bamco Motorsports, Bamco Bolts, BamBolts, BamFam, Bamco Industrial Supply, Gold Coast Industrial Supply and others are either trademarks or registered trademarks of Bamco, LLC Other product and company names mentioned on this Site may be trademarks of their respective owners.
- Site Use. Bamco, LLC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Bamco, LLC and Bamco, LLC may terminate your use of this website at any time.
- User Conduct. You agree not to use the Site to:
- Upload, post, or transmit any informational content that is unlawful, defamatory, vulgar, obscene, libelous, invades the privacy of another, threatens another person or entity, or is otherwise objectionable;
- Harm legal minors;
- Collect personal information on, “cyberstalk” or harass another User, or engage in conduct that Negatively affects the online experience of another User;
- Impersonate another User, person, or entity, including any official or employee of Bamco, LLC;
- Intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
- Upload, post or transmit any software or files that contain software viruses or other harmful computer code;
- Interfere with the operation of Bamco, LLC web servers or other computers or Internet or network connections;
- Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
- Upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”
Bamco, LLC does not pre-screen uploaded, posted, or transmitted content, but does reserve the right to inspect, edit, and delete any content that it knows, or has reason to know, has violated this Agreement. Bamco, LLC reserves the right to immediately, and without notice, terminate the account of any user found to have violated the provisions of this Agreement. Bamco, LLC may disclose any informational content users post, upload or transmit to the Site, if such disclosure is necessary to enforce this Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Bamco, LLC, the public, or other Users.
- Content submitted by Users. Bamco, LLC does not claim ownership of any informational content submitted by users to the Site. By using the Site, you agree to grant Bamco, LLC a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the Site. This license exists only so long as your content remains on the Site.
- User Account. You must select a username and password upon completing the registration process. You are fully responsible for maintaining the confidentiality of your username and password. You agree to immediately notify Bamco, LLC if you know, or have reasonable grounds to suspect, that your username and password have been compromised. Bamco, LLC shall not be responsible for any user’s failure to abide by this paragraph.
- Compliance with Laws. You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
- Indemnification. You agree to indemnify and hold www.bamcomotorsports.com, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.
- DISCLAIMER. THE INFORMATION, SERVICES, AND/OR PRODUCTS ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. BAMCO, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL BAMCO, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- Use of Information. Bamco, LLC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
- Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at bamco.enterprises@gmail.com.
- Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Bamco, LLC or its affiliates.
- Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- Waiver. The failure of www.bamcomotorsports.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by www.bamcomotorsports.com must be in writing and signed by an authorized representative of www.bamcomotorsports.com.
- Termination. Bamco, LLC may terminate this Agreement at any time, with or without notice, for any reason.
- Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
- Entire Agreement. This Terms of Use constitutes the entire agreement between you and www.bamcomotorsports.com and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and www.bamcomotorsports.com with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. www.bamcomotorsports.com may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
- Contact Information.
Bamco, LLC
26372 Deere Ct. Unit F
Murrieta, CA 92562
(951) 543-1996
bamco.enterprises@gmail.com
PRIVACY POLICY
Last Updated: May 10, 2023
We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are, how and why we collect, store, use, and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.
We collect, use, and are responsible for certain personal information about you. When we do so, we are subject to various laws in the United States and the General Data Protection Regulation which applies across the European Union (including in the United Kingdom), and we are responsible as “controller” of that personal information for the purposes of those laws.
Key Terms
It would be helpful to start by explaining some key terms used in this policy:
We, us, our: Bamco, LLC
Personal information: Any information relating to an identified or identifiable individual
Special category personal information: Personal information revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, or trade union membership. Genetic and biometric data. Data concerning health, sex life, or sexual orientation.
Personal Information We Collect About You
- Your name and contact information, including your address, email address, telephone number, account information (e.g., log-in credentials), and other similar identifiers; and
- Your billing information, transaction and payment card information.
- Information to enable us to check and verify your identity, e.g., your date of birth;
- Your gender information, if you choose to give this to us;
- Your contact history, purchase history, and saved items;
- Information to enable us to undertake credit or other financial checks on you;
- Information about how you use our website, IT, communication and other systems;
- Your responses to surveys, competitions, and promotions;
Some of this personal information (e.g., name and email address) is required to provide services to you. If you do not provide personal information we ask for, it may delay or prevent us from providing services to you.
Further, because our website offers user-submitted posts and comments, please be advised that information posted by you via these public areas becomes public knowledge.
How Your Personal Information is Collected
We collect most of this personal information directly from you via our website and apps. However, we may also collect information:
- Directly from you if provided to us;
- From publicly accessible sources;
- From a third party, but only with your consent;
- From cookies on our website; and
- Via our IT systems, e.g., monitoring of our websites and other technical systems, such as our computer networks and connections, access control systems, communications systems, email and instant messaging systems.
How and Why We Use Your Personal Information
Under data protection law, we can only use your personal information if we have a proper reason for doing so, e.g.,:
- To comply with our legal and regulatory obligations;
- For the performance of our contract with you or to take steps at your request before entering into a contract;
- For our legitimate interests (or those of a third party); or
- Where you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
Importantly, this does not apply to special category personal information, which we will only process with your explicit consent.
Communications
Registered users may receive additional announcements from us about site news, events, private messages, uploaded photos, blog posts, and website updates. Out of respect for the privacy of our registered users, we present the option to not receive these types of communications.
Further, we will always treat your personal information with the utmost respect and never sell or share it with other organizations for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by:
- contacting us
- using the ‘unsubscribe' link in emails
- updating your communication preferences with us
We may ask you to confirm or update your marketing preferences if you instruct us to provide further products or services in the future, or if there are changes in the law, regulation, or the structure of our business.
Who We Share Your Personal Information With
When necessary, we will share personal information with:
- Third parties we use to help deliver our services to you, e.g., payment service providers.
- Other third parties we use to help us run our business, e.g., marketing agencies, attorneys, auditors, or website hosts;
- Third parties approved by you, e.g., social media sites you choose to link your account to or third party payment providers;
We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a restructuring. Usually, information will be anonymized but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
We Do Not Sell or Disclose Personal Information.
We do NOT sell any personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. This includes:
- Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers);
- Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information;
- Characteristics of protected classifications under California or federal law;
- Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
- Biometric information;
- Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement);
- Geolocation data;
- Audio, electronic, visual, thermal, olfactory, or similar information;
- Professional or employment-related information;
- Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA); and
- Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Where Your Personal Information is Held
Information may be held at our offices and those of our service providers, representatives, and agents as described above (see above: “Who We Share Your Personal Information With”).
Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring Your Personal Information Out of the EEA”.
How Long Your Personal Information Will Be Kept
We will keep your personal information while you have an account with us or we are providing services to you. Thereafter, we will keep your personal information:
- To respond to any questions, complaints or claims made by you or on your behalf;
- To show that we treated you fairly;
- To keep records required by law.
We will not retain your personal information for longer than necessary.
European Union Users: Transferring Your Personal Information Out of the EEA
To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), e.g.,:
- With our offices outside the EEA;
- With your and our service providers located outside the EEA;
- If you are based outside the EEA;
- Where there is an international dimension to the services we are providing to you.
These transfers are subject to special rules under European and UK data protection law.
If you would like further information please contact us (see ‘How to contact us' below).
European Union Users: Your Rights Under the GDPR
Access: The right to be provided with a copy of your personal information (the right of access).
Rectification: The right to require us to correct any mistakes in your personal information.
To be forgotten: The right to require us to delete your personal information—in certain situations.
Restriction of processing: The right to require us to restrict processing of your personal information—in certain circumstances, e.g., if you contest the accuracy of the data.
Data portability: The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations.
To object
The right to object:
—at any time to your personal information being processed for direct marketing (including profiling);
—in certain other situations to our continued processing of your personal information, e.g., processing carried out for the purpose of our legitimate interests.
Not to be subject to automated individual decision-making: The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner's Office (ICO) on individuals rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please contact us (see below: “How to contact us”).
Do Not Track
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. Like many websites and online services, we do not currently alter our practices when we receive a “Do Not Track” signal from your browser. To find out more about “Do Not Track” you may visit www.allaboutdnt.com.
Keeping Your Personal Information Secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Links to Third Party Websites
We do offer links to other websites. When you click on links to other websites, we encourage you to read their privacy policies. Their standards may differ from ours.
How to Complain
Please contact us if you have a complaint. We hope that we can resolve any query or concern you raise about our use of your information.
The General Data Protection Regulation also gives you the right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.
Changes to This Privacy Notice
We may change this privacy notice from time to time–when we do we will inform you via an update to this page and the date at the top of this page.
How to Contact Us
Please contact us at bamco.enterprises@gmail.com if you have any questions about this privacy policy or the information we hold about you.
